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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Montana, a construction defect is recognized as a deficiency in the design, specifications, surveying, planning, supervision, or construction of a building. This deficiency arises when the construction does not meet the reasonable workmanship standards expected in the industry or fails to align with the owner's reasonable expectations. The Montana Code provides specific statutes of limitation and repose for construction defect claims. Under Montana law, a claimant typically has two years from the date the defect is discovered, or should have been discovered, to bring a lawsuit for a construction defect, but in no event more than ten years after substantial completion of the construction (Montana Code Annotated § 27-2-208). Additionally, Montana has adopted the doctrine of implied warranty of habitability, which holds that a home must be built in a workmanlike manner and be suitable for habitation. If a construction defect is found, the responsible parties, which could include architects, contractors, or builders, may be held liable for damages, repairs, or other legal remedies.

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Construction law

defects

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Montana State Code

Montana State Code

Construction law

defects

Articles